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HomeMy WebLinkAbout07/28/93TAPE #1125 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JULY 28, 1993 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, July 28, 1993, at 5:30 p.m., with Council President Eileen Fitz presiding. Council members present were Lon Overson, Lynn Horton, C.R. "Tiny" Collins, Morrie Dawkins, Al Colvin, Russ Johnson, Richard Neville, and Hank Waibel. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Councilman Al Colvin. CONSENT AGENDA - NONE CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. #0019 M/S/C/U(Colvin/Horton) July 28, 1993, the Council does approve for payment those vouchers included and further described as follows:167947 through 167959, 167961 through 168270 in the total amount of $849,423.23. COUNCIL MEMBER REPORTS Mr. Johnson reminded everyone that the FCC rules prohibit use of Cable Access televising for political gain. It will be up to the Council President, along with the City Attorney, to step in and stop anyone attempting to use the "Public Recognition" time during Council meetings for political issues. He also brought up the fact that KITZ, who provide background music for the Cable Access Channel # 12, actually stops local broadcasting around 8:00 P.M. This presents a problem for people viewing Channel 12 Reader Board and being subjected to static noise instead of background music. It is his understanding that FCC rules prohibit having programming with just static noise. He emphasized KITZ has been an excellent station and supported the community for a long time, but he believes a compromise needs to be reached that at night the access channel is serviced appropriately. TAPE #1125 City Council Reg. Mtg. Minutes July 28, 1993 Page 2 of 30 Mr. Colvin reported he, his wife and several family members enjoyed a "Love Boat" cruise to Alaska the week of July 19, and he was glad to be back home. Mrs. Horton reported her daughter and niece are volunteering their assistance to the Parks Department Day Camp that runs from 9:00 AM - 4:00 PM. This program provides for early arrivals and late pickups. She emphasized participation at Day Camp has been less than full and suggested anyone looking for summer activities for their children contact the Parks Department. Mr. Neville stated he was saddened with the passing of Don Krick and all of Kitsap County will greatly miss him. Don was a significant figure in sport activities throughout the County. Mrs. Fitz announced POWER's next meeting is scheduled for August 5, at the Mt. Zion Church/13th & Hewitt. On Friday, July 23, she attended the Planning And Zoning Institute, a one day seminar, which was held in Lynnwood. The seminar dealt with growth management, where we are and were we have come from. Tacoma and Pierce County have completed their Comprehensive Plans, which they completed in record time and in a very cooperative manner. Whatcom County completed their Comprehensive Plan after a few false starts. The City of Bellingham and Whatcom County together chose the urban growth areas and are having joint planning in those areas for facilities. They also have the understanding that at some point in time the City of Bellingham will annex those areas. She attended one small forum on "Siting Of Essential Facility", which are state mandated facilities. She learned that the siting of these facilities, under growth management, is only if the State owns the property, but if there is a State institution that is going to lease property, it does not come under growth management. In regards to economic development, there is little money from the State and most economic development is taking place in the communities and will continue to do so because the State has not seen fit to provide funding. She noted there are some states that give businesses the following amenities if they relocate: free land, land is not taxes for some years, assisting with building costs, etc. Developers of the Mall Of America, located on the East Coast, offered Nordstrom the land, enough funds to build, open and stock the store with $5,000,000 left over to operate it. She did not believe Bremerton could afford anything that grand, but it emphasizes all states and all areas are trying to entice businesses to their area. And, if you are planning to have community development and building TAPE #1125 City Council Reg. Mtg. Minutes July 28, 1993 Page 3 of 30 industry, it is very wise to have Planning policies that do encourages business to locate to your area. PUBLIC RECOGNITION Mayor Louis Mentor wished his wife a "Happy Birthday". He agreed with Mr. Johnson's comments about the importance of KITZ and keeping them as a part of Kitsap County. He has been working with TCI and KITZ to resolve the "static" problem during evening broadcasting times. He has been assured the problem currently being experienced can be worked out. Mr. Johnson pointed out the quality of service during evening hours is not the same as daytime broadcasting. Mayor Mentor reported the Economic Development District (EDD), which Bremerton is a part of, met in Bremerton on the Turner Joy. This was the first time for most of the EDD's members to see the result of their one million dollar grant to the boardwalk project. He was sorry to have missed the visit of two young boys, Kyle and Philip Bessard, who brought in a large garbage sack filled with stuffed toy animals that they want the Mayor to give to needy children. Concerts On The Dock are continuing on Thursday evenings. He enjoyed the Whaling Days celebration on Saturday. He also noted the passing of Don Krick and his many years of community involvement. He referenced a newspaper article about the State's one tenth of a cent tax to shore up law enforcement and that is something the City Administration and Kitsap County legislators worked on last year to make sure that it was approved. Kitsap County approved the tax, which will now allow the City to use those funds to replace the one year levy for the Drug and Gang Task Force. He quoted the following from that news article: "Pat Jones says but money in the coffers doesn't immediately translate into deputies on the streets Jones noted it takes eight to twelve months to qualify new hires and get them through training". Mayor Mentor emphasized that same point was something he stressed previously and is still a valid point. He believes the City has a one year jump on the whole process by getting the levy passed last year. Teresa Denbisor, 1108 N. Montgomery (479 - 2504), stated she was having a problem with the Bremerton Housing Authority over her Section 8 housing allotment. She has resided at her current address for 2 1/2 years, during which time she has repeatedly asked the landlord to make needed improvements to the home. Approximately two months ago she sent him a letter stating that she would move out if he did not respond to her pleas for doing necessary repairs to make the house more inhabitable. TAPE #1125 City Council Reg. Mtg. Minutes July 28, 1993 Page 4 of 30 Now, she has received an eviction notice from the landlord effective August 1 and she has no where to go. She has a dog and cat, which makes it difficult for her to find other housing. She did not feel that she should have to move since all she was asking of the landlord was to make needed improvements for better living conditions. President Fitz stated someone would contact her later to see what could be done. Robert Boddie, 4402 - C Arsenal Way, reported he is part of the POWER organization. He extended his sympathy to the Krick family in the loss of Don Krick. He was upset over the defacing of Pastor Allen's church. It concerned him that no one mentioned the fact that this church was vandalized during last week's Council meeting. He felt such an incident was a big thing for the community and it just showed that racism is still alive. A rally was held on Thursday and there was a good turnout, however, there should have been more people from within the community in attendance. He felt the defacing of the church was a disgrace to Bremerton. On the gang issue, recent new articles have alluded to the fact that POWER supports gangs. He emphasized his organization is not supporting gangs, but they do want to know why young men in this community want to become involved in gangs. They want to know what can be done to re - educate the youth and to give the public and community a better understanding of why they are being involved and what they are involved with. He does not want people out selling illegal drugs in this community to children. He has observed Police Officers taking pictures of people in the public. He believes the Drug and Gang Task Force needs better procedures and policies for some of their actions. He observed an incident where five young black men were stopped, all handcuffed, guns were drawn on them for what he was told had to do with an assault. As he watch the situation, the identity of the person who committed the assault was revealed and then the others were unhandcuffed. Mr. Boddie believes the Police Officers are stereotyping people...you sell drugs, your related to drugs. He felt such treatment was unnecessary. The incident he described became more hostile than what it actually was. He wants to see such action stopped and this is what POWER is all about...stop racism. He has put out notice of POWER's next meeting - August 5, Mt. Zion Baptist Church, 7:00 P.M. POWER is working to get more churches and people within the community involved to help resolve problems being experienced today. He emphasized the Police policies and procedures must be brought out to the public so everyone understands why certain actions are taking place. TAPE #1125 City Council Reg. Mtg. Minutes July 28, 1993 Page 5 of 30 Bob Wood, 327 Willow Street, stated he does not like to be angry, but when he sees the Mayor reading the newspaper when a person is in distress and trying to get relief from a governmental agency and a landlord he cannot accept that. He noted he is not angry with the City Council, but he was angry with the Mayor. He does not believe the Mayor has empathy for the citizens of Bremerton. And, he does not believe the Mayor follows around the Chief of Police and understands the policies that are being developed and/or carried out against a significant part of the Bremerton community. There are problems in Bremerton and what is needed is administrative procedural relief and correction in this community. If the Housing Authority could not help the person who spoke earlier, help should be available from within the community. He stressed the importance of taking care of people first, merchants second and visitors third. He wants to see racial peace and people coming together in the community. He stressed the best part of this community is the people. Mayor Mentor stated in reference to the church that was defaced on Sheridan Road, he believes the City has taken into custody the people who were responsible for that action. He stressed people in City government do care about the citizens. He was sorry if his looking at the newspaper while the young lady was speaking appeared that he was disinterested. He did hear her testimony and he believed everyone in the Council Chambers felt concern hearing her plea. Councilman Hank Waibel entered the City Council Chambers at 6:17 P.M. Phil Olwell, 2455 N. Wycoff, stated years ago Bremerton might have been seen as the City at the crossroads economically. He believes the City is at another crossroads. Many of the problems raised are not going away and it is up to the community to come together and work towards resolution. The State tax for enhanced law enforcement will only be as good as the people of Bremerton make it. He stressed the importance of staying involved, we can make a difference. Elizabeth Buell, High Avenue, asked why does everyone call the overwater park a "boardwalk" when there aren't any "boards" in it? President Fitz stated it is an overwater park. 6A - AWARD OF CONTRACT -- PUBLIC WORKS COMPLEX, #AB93-144 Bids for the Public Works Complex were opened on Monday July 26, 1993. Five bids were opened (see attached summary). The low bidder has requested permission to withdraw his bid due to an omission of the steel building erection cost. TAPE #1125 City Council Reg. Mtg. Minutes July 28, 1993 Page 6 of 30 It is recommended that Council authorize the Mayor to execute the attached contract with Thomas Snyder Construction, the second lower bidder in the amount of $1, 712,077.00 and this includes UP - 2 (Earthwork), which was added on during the Study Session. Randy Witt, City Engineer, stated five bids were received. The City agreed to the low bidders' request to withdraw due to its being a non - responsive bid because not all work was included. Documents provided to Council include a sheet showing construction costs, which he is recommending. He recommends that the base bid be accepted, the upgrades to the essential facility, interior painting, and that the retaining wall in the yard be deleted. There is some unit cost for earthwork added which gives a construction amount of $1,712,077.00. Roy McInnis, 2711 Maple Street, expressed his concern that documentation on this item was not available for public review prior to it coming before the Council. He had no objection against the public works complex project. However, now the City is going into another construction program and he hoped this time someone could insure that the project stays within the construction budget adopted. He did not want to see another way over run project in the City. Mr. Witt handed Mr. McInnis a copy of the material provided to Council just prior to the Council meeting. He stated in response to Mr. McInnis's question about the project being on budget, there is a contingency of $108,000 (6.3% of the construction costs). And, he believes there are sufficient funds to build the project. He is in hopes that there will be additional funds to add some of the things that are being excluded at this time. President Fitz stated each project that comes before Council should have items listed that are not included in the construction contract, but could be added if funds were available. She believes the Council Committees are in agreement that having such information will help make sure projects do stay on budget. Mr. Witt emphasized it is important to operate in that manner on Bond projects where the City is working with a specific amount of money. Mr. Overson stated he believed the citizen's concern was accurate. It has been Council's policy in the past that an agenda item when submitted is complete so it can reviewed/researched as necessary. Of late, Council has not been getting documentation in its complete form and it does create a problem. Now, the citizens are starting to question TAPE #1125 City Council Reg. Mtg. Minutes July 28, 1993 Page 7 of 30 that procedure and he wondered if Council was legal to act on this item due to lack of public information. President Fitz stated she placed the Agenda Item, which was incomplete on the Agenda, at the Department's request, pending the Bid Award Opening on Monday, July 26. Both Fiscal/Budget Committee and Operations Committee had an opportunity to review the revised Agenda Bill prior to the Council meeting. Mr. Witt agreed that the processing of information was not the most appropriate, however, he did ask that Council act on this item quickly due to the time of year and the need to get the project into the construction phase as soon as possible. Mr. Colvin requested that the City Attorney respond to Mr. Overson's question if Council could legally act on this item at this time. Ian Sievers, City Attorney, stated the correct topic was listed on the Agenda Bill that was included in the Agenda packet and the contractors who bid on the project were aware of the bid opening date. He believed the public did have an opportunity to obtain the detailed information. Mr. Johnson stated the Fiscal and Budget Committee reviewed this item thoroughly. He was impressed with the responses given by staff to questions raised by the Committee. Some of the Committee's concerns went beyond the normal construction contract project that an engineer would deal with: (1) are there enough funds to relocate the site demolition; (2) has it been worked out with the Parks Department, assuming that the property near Evergreen Park will be transferred; (3) how much will Parks Department pick up at some point in time, etc. He believed that a real commitment has been given to work with the Mayor and Parks Department to coordinate that input for the overall project. He also felt the soon to arrive Project Manager will be a valuable asset in managing this project and coordinating issues between Departments. The Committee did have some discussion, which did not actually affect this contract, that some of the items in the Agenda Bill set aside for various work appeared on the "high" end, such as $25,000 for landscaping. He felt that landscaping costs could possibly be scaled back and still have an attractive area. In reference to proposed office interior painting, he felt that the City could come up with the labor to do the final work thereby reducing the estimated cost within the project. The Committee recommends passing this proposal with those thoughts still to be active for the Council. Mr. Collins noted the Committee did put a date of August 25 for Mr. Witt to provide answers on issued raised during that Committee discussion. Mr. Colvin cautioned everyone that there are no guarantees that everything related with a construction project will go as planned. TAPE #1125 City Council Reg. Mtg. Minutes July 28, 1993 Page 8 of 30 Mrs. Horton stated in reference to the Street Department's quonset hut on Park Avenue, it was her understanding that its removal was not included in this bid. Mr. Witt stated that was correct. Mrs. Horton stated if everything goes smoothly, she would like the Council to look at, in addition to the add - ons identified by the administration, using some of those funds for removal of the quonset hut. Mr. Witt explained later on into the project he will have a better idea of what will be fundable through the "contingency" category. Mrs. Horton stated when the contract is solidified she would like to have a finalized flow chart of the activity and of the expenditures for the remainder of the project. Mr. Overson stated the clearing and grubbing on the project by the City is estimated at the same contractor's cost. He felt the City's Street Department personnel should be out fixing City streets and he preferred that they be doing that than earthwork. Mr. Witt explained the clearing and grubbing is down in the soft cost items that could be done by the City for less. What he did was to put the amount in the contract less the 8% sales tax as a space holder holding the amount. What Mr. Overson is asking, since it is a contract item, is to have it be one of the additions to the base bid. He believed City employees could do the job for less, however, it Council wishes to have it included in the bid that is also an option. Mr. Collins questioned if Mr. Witt was familiar with PERT CPM? Mr. Witt stated yes. Mr. Collins questioned if Council could get a general diagram of what will be going on with this project. Mr. Witt stated the Administration planned to provide that information to Council. #1766 M/S/C/U(Waibel/Horton) that the City Council authorize and direct the Mayor to execute the attached contract, adding the Unit Price - 3 to the contract amount and the clearing and grubbing will not be done by the City and the new contract amount would be $1,729,677+ (as quoted by Randy Witt) with Thomas Snyder Construction (second low bidder) including Alternate 1 (Essential Facility) Alternate 5 (Interior Paint) delete 1 (Retaining Wall) and Unit Price 2 (Earthwork). Mayor Mentor thanked the City Council for approving this contract. Soon the City will have a whole Public Works Department now that a Public Works Director, City Engineer and Project Manager have been hired. He expects to have flow charts on all major City projects and each month Council will receive an update report on City projects at their monthly Study Session. President Fitz reported that part of the Study Session will be from 6:00 - 6:30 P.M. TAPE #1125 City Council Reg. Mtg. Minutes July 28, 1993 Page 9 of 30 6B - AWARD OF CONTRACT -- 4TH 8TREET LID, STREET IMPROVEMENTS FROM WASHINGTON AVENUE TO PACIFIC AVENUE, #AB93-145 Bids were opened on July 22, 1993. Two bids were received, the total amount of each bid is: Harlow Construction $556,769.40 Stan Palmer Construction $583,853.00 Engineer's Estimate $455,327.00 A breakdown of the bid and funding is attached. The bid amount to be funded by the Local Improvement District exceeds the budgeted amount. A property owners meeting to discuss the bids and funding shortfall was held on Monday. To address the funding shortfall, City staff, the property owners, and the Contractor have agreed to delete the water fountain (Bid Item #39, $82,620), and the portion of the mobilization associated with the water fountain (Bid Item #1, $10,000).. This adjustment removes the funding shortfall and provides a contingency of approximately 14%. RandyWitt, City Engineer, stated when the bids were opened on July 23, the L.I.D. portion, which is being funded by the property owners along the street, was hirer than previously estimated. On July 26 a meeting of the property owners was held to discuss options available to get the project back on budget. The options ranged from not accepting the bid at this time.and advertising it next spring to adjusting some of the contract items as recommended to agreeing to increase the funds available from the subject property owners. He believed the best alternative was to take the water fountain out of the project and including the other identified amenities. The amenities, like on the Public Works complex, are set aside until the contingency amount is known. This project was discussed at the Bremerton Central Lions Club meeting this date, and members commented this may be a project they could become involved in. He believes there may be more sentiment such as the Lions Club from other organizations in the community. Mr. Colvin questioned what would it take to put the fountain back in the project? Mr. Witt explained the proposed fountain has an estimated cost of $92,000. Mayor Louis Mentor stated three weeks ago he sent out letters to service clubs and all kinds of organization within the community asking them if they would like to participate in this project. There has been quite a bit of interest and one civic organization is meeting this evening to discuss feasibility of their joining in on such a project. If enough donations from local organization can be collected, then the fountain could be put back into the TAPE #1125 City Council Reg. Mtg. Minutes July 28, 1993 Page 10 of 30 project. He noted the fountain could be scaled back if funding raising efforts fell short of the $90,000. Mr. Colvin questioned how much would the fountain add to the integrity of the project? Mr. Witt stated he believed the fountain made the biggest single statement. Dave Fergus, Rice Fergus Architects, 262 4th Street, stated in his mind the fountain is the largest and grandest element in the project as far as an asset, but it is part of a whole group of assets. It is a combination of all of the assets that builds the character of the project. Having flowing water and water sprays come up and back down and having something with movement and noise associated with it, is a place that will draw people to it. An element that has water in it in a downtown urban environment is a nice way to bring the environment back to our concrete inter - cities. He was disappointed in not being able to include it as part of the construction project, but was willing to fight for it through some other funding mechanism. Mayor Mentor stressed if there was one single item the property owners wanted to include it was the fountain, however, they recognized the important of the other elements needed to create an overall street scene. Elizabeth Buell, High Avenue, stated she felt it was important that the City to do whatever it took to include the fountain as part of the project. She agreed with Mr. Witt that the fountain would draw people to it. President Fitz questioned if she was correct that the project would include wiring and plumbing for the fountain? Mr. Witt emphasized all of the amenities, including clock and Kiosk require certain services...electrical, plumbing, drainage, etc., which will be installed during the project. Mr. Colvin questioned the meaning of: "delete the portion of the mobilization associated with the water fountain"? Mr. Witt explained mobilization is put into a contract to pay the contractor to get his forces on site. Since mobilization costs cover everything, when the fountain was taken out of the project he took its portion of mobilization cost ($10,000) out of the project cost. Cecil McConnell, Almira Drive, questioned what is the City's portion of the $444,000 cost of this project? Mr. Witt explained the City is a property owner of approximately 35% of the properties involved, so they will be responsible for roughly 35% of the project. President Fitz asked Mr. Witt to provide the exact amount so the public can be informed at the Council meeting of August 4. TAPE #1125 City Council Reg. Mtg. Minutes July 28, 1993 Page 11 of 30 Mr. Johnson stated he supports the proposal, however, he disagreed with the strategy to delete the fountain from the project and felt there needed to be some flexibility to change that decision if adequate funds become available. He believes the fountain is the only thing that will add place with a "P", that will in fact change the atmosphere. Even though other entities cost a lot of money, he places then in the "trinket" category..flower pots, benches, etc. The reason he calls them trinkets is because they are smaller and per unit costs are also smaller. He felt it would be easier to obtain donations/funds for less expensive items. He questioned if there was a way to word the motion, depending on the cost of the L.I.D. project, that if there is enough money available to totally cover the cost of the fountain to do it and maybe by then we'll have an idea who might be willing to pick up the costs for other amenities. Mayor Mentor stated when he sent out the letter of request to groups and organizations, he included a "laundry list" of things. He realizes that not everyone could afford a large donations, but smaller items could be selected and provide an opportunity for community groups to become involved in the project. He emphasized the City is not saying the fountain is not to be built, but at the time the contract is awarded it will not be part of the project in order that the overall project can move ahead. If the fountain was included at this time, then just about all the other amenities would have to be eliminated. President Fitz pointed out the fountain is a piece of art work, according to Mr. Witt, and possibly the City needs to apply to the State Art Commission for grant funding. Mayor Mentor stated he is looking into another idea of art funding. Mr. Waibel stated in terms of the recommended motion, there is a statement in the motion that the fountain will be deleted. He would like to have a motion that would allow the City to move money back and forth still staying within the $443,849.40. He questioned if there was a way to word the motion so that could be done? Mr. Witt stated if the fountain is not deleted there is the problem of not having enough money to move forward with the L.I.D. He felt the City had a very good place to start negotiations with the contractor to try and include the fountain, which would be brought back to Council as a Change Order. Mr. Waibel stated for clarification - the administration would bring a Change Order back to Council in order to implement a $50,000 fund. Mr. Witt stated Council will be provided information during the monthly updates on the project where we are and what is being considered. He noted the property owners wrestled with the same question on the fountain. He felt by leaving it the way TAPE #1125 City Council Reg. Mtg. Minutes July 28, 1993 Page 12 of 30 it was presented would leave some flexibility. Mr. Johnson stated since the Project Manager will soon be on board and Council will be receiving update reports, he suggested passing the contract as is deleting the fountain but it is the intent of this City Council that this project will not be closed out by the Administration until the fountain is installed. #2786 M/S/C(Waibel/Colvin) to authorize and direct the Mayor to execute the attached contract with Harlow Construction for construction of the 4th Street Improvements, Washington Avenue to Pacific Avenue, Local Improvements District No. 326, in the amount of $443,849.40. The contract amount deletes the water fountain (Bid Item #39, $82,620), deletes the portion of the mobilization associated with the water fountain (Bid Item # 1, $10,000), and does not award additive bid items in the bid amount of $20,300; and the project will not be closed until the fountain is complete. Vote on motion: In Favor: Horton, Waibel, Collins, Dawkins, Johnson, Neville, Fitz Opposed: Overson Motion carried. Mr. Witt thanked Council, as a property owner on the street, and all of the property owners who put a lot of time and effort into this project. 6C - AMENDMENT TO THE LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND GENERAL TEAMSTERS' UNION LOCAL 589 (JANUARY 1, 1992 - DECEMBER 31, 1994), #AB93-146 Several new classifications have been added to the classification plan and classification specifications for existing positions have been revised through the Civil Service Office. Wage Grades need to be established for the new classifications and revised classifications resulting in title changes only (no wage grade change) need to be reflected in Appendix A of the Labor Agreement. The City and the Union have met and have agreed upon the Wage Grade placements for each of the new positions and changes to titles, as set forth in the Amendment. Caroline Marshall, Personnel Director, stated the budget adjustment needed to adjust the Department budgets involved with the new classifications is provided, and is a new procedure for processing this type of change. A great deal of cooperative effort between the Treasurer's office and TAPE #1125 City Council Reg. Mtg. Minutes July 28, 1993 Page 13 of 30 Personnel Office has taken place to coordinate all personnel action changes with budget action changes. Following the discussion with Fiscal and Budget Committee, a budget adjustment was added as a part of the action to be taken by Council. In the past, budget adjustments would following personnel actions and at times that process was somewhat confusing. Changes are as follows: 1. 4 Parking Regulators replaced with 4 Parking Enforcement Officers (Parking System Fund 105) 2. Pool Maintenance Specialist replaced with Aquatic Supervisor (Parks Department) 3. Foreman replaced with Parks Maintenance Foreman (Parks Department) 4. Service Specialist replaced with Biosolids Technician (Water Utility) 5. Water Quality Technician with Service Specialist Sr. (Water Utility). Public comment - none. #3029 M/S/C/U(Johnson/Collins) to approve the amendment to the Labor Agreement between the City and Teamsters Local 589 to add new classifications to the Wage Grades contained in Appendix A; to change titles for revised classifications, as set forth in the Amendment to the Agreement; and to approve Budget Adjustment No. 93-17. 6D - BUDGET ADJUSTMENT 93-16 WHICH IMPLEMENTS THE PROVISION OF THE NEW CONTRACT WITH THE FIRE FIGHTERS BARGAINING UNIT, #AB93-147 This adjustment will change the budget document to reflect the changes in compensation and organization which were included in the recently approved contract with the Fire Fighters bargaining unit. Caroline Marshall, Personnel Director, stated an agreement has been reached with the Fire Fighters Bargaining Unit in May. As part of those negotiations, they implemented and negotiated salaries for the new and changed organization structure. This proposal is the implementation of an organizational change within the Fire Department, which will bring about more effective operation and will provide for increased participation in management of the Department. TAPE #1125 City Council Reg. Mtg. Minutes July 28, 1993 Page 14 of 30 Fire Chief Mick McKinley stated in 1985 the City Council authorized Study of the Fire Department. A portion of that study was the effective management techniques used by the Fire Department. Recommendations resulting from that Study were that the City should initiate procedures to readopt the older organizational chart that consisted of a Chief, Assistant Chief, who would serve directly under the Fire Chief, a mid- line supervisor - Captains then Lieutenants followed by Fire Fighters. The proposal before Council will implement those changes and allow the Department to have more effective communications and a better line of authority within the Department. Public comment - none. TAPE #1126 #0002 M/S/C/U(Horton/Neville) motion to approve Budget Adjustment Request 93-16. Vote on Motion: In Favor: Collins, Dawkins, Colvin, Johnson, Overson, Neville, Horton, Fitz Opposed: Waibel Motion carried. 7A - ORDINANCE NO. 4430 (SECOND READING) AMENDING THE MANAGEMENT AND PROFESSIONAL STAFF COMPENSATION PROGRAMTO ADD ASSISTANT FIRE CHIEF AND SENIOR ENGINEER, #AB93-142 Public comment - none. #0037 M/S/C(Collins/Colvin) to pass Ordinance No. 4430, on second reading, amending Ordinance No. 4408, Section 1 (BMC 2.50,020 (a) and (c). Vote on Motion: In Favor: Overson, Neville, Horton, Fitz, Collins, Dawkins, Colvin, Johnson Abstain: Waibel Motion carried. 7B - RESOLUTION NO. 2434 SETTING HEARING DATE FOR AUGUST.18, 1993 FOR THE VACATION OF RIGHT - OF - WAY OF UNDEVELOPED PORTIONS OF FIRST STREET AND FORREST AVENUE, #AB93-148 The Planning Commission has made a recommendation on this Right - of - Way vacation. In order for the Council to take action on the application and recommendation, the Council must set a date by resolution for the public hearing. #0055 M/S/C/U(Dawkins/Colvin) to adopt Resolution No. 2434 to set the date for the public hearing of Right - of - Way application No. SV - 02 - 93 for August 18, 1993. TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 15 of 30 7C - RESOLUTION NO. 2435 SETTING HEARING DATE FOR AUGUST 18, 1993 FOR THE VACATION OF A PORTION OF RIGHT - OF - WAY 100 FEET WEST OF INTERSECTION AT FIRST STREET AND BREMERTON BOULEVARD, #AB93-149 The Planning Commission has made a recommendation on this Right - of - Way vacation. In order for the Council to take action on the application and recommendation, the Council must set a date by resolution for the public hearing. #0088 M/S/C/U(Colvin/Waibel) to adopt Resolution No. 2435 to set the date for the public hearing of Right - of - Way application No. SV - 01 - 93 for August 18, 1993. 7D - ORDINANCE (FIRST READING) REVISING BMC 6.04 PERTAINING TO COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE IN THE CITY OF BREMERTON, #AB93-150 A new garbage collection contract with Brem - Air, Inc. has been finalized. Certain desirable portions of that contract reached by mutual agreement are in conflict with the ordinance as now written (e.g. size of garbage containers; schedule of fees). The proposed ordinance resolves those inconsistencies and removes or amends some portions of BMC 6.04 which are obsolete. Jim McNamara, Assistant City Attorney, stated following the signing of a new contract with Brem - Air Disposal Inc., there were some inconsistencies between the contract and BMC 6.04, the Garbage Ordinance. It also seemed a good time to go through Chapter 6.04 and clean up some language and make necessary changes. The proposed changes were reviewed by the City's Solid Waste Advisory Committee, who made valuable suggestions that were incorporated in the proposed ordinance. Also, a number of Department Heads reviewed the proposed ordinance and their input was also incorporated. Some of the major changes are: 1) definition changes: for definition of "garbage cans" includes mini cans; defined "yard waste"; 2) change in language no longer allows placing dead pets in garbage cans, or any dead animal bodies' 3) change in language prohibits placement of recycables in the waste stream; 4) previously, violations of Chapter 6.04 were a criminal misdemeanor - that has been changed to a civil infraction. Mr. Johnson stated the Solid Waste Advisory Committee did provide input on this ordinance, however, that Committee has TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 16 of 30 not had the opportunity to review the final draft of the ordinance. He felt the changes needed to be made to the ordinance restructuring the Solid Waste Advisory Committee due to the availability of staff at times when the citizen members could meet. He hoped in the near future the Solid Waste Advisory Committee could be restructured to become more of an advocacy group made up of four citizens, who can be on a continuum providing input and not having obsticales to overcome trying to bring together a quorum. Mr. Overson questioned the allowable weight for mini cans as 32 1/2 lbs.? Mr. McNamara stated he checked with a representative from the contractor to find an answer to that and the best number he came up with was the industry standard based upon 1/2 of the 65 pound limit on standard garbage cans. The purpose behind that limitation is so that the waste hauler does not become injured from lifting an over weight can. He did not believe if a mini can weighted 33 lbs. that the hauler would leave it at curb side, however, if it was so heavy it could cause a physical problem, they would not take it. Mr. Overson stated he disagrees with the recommended industry standard because the standard weight for a regular sized garbage can is 65 lbs., and a 20 gallon mini can is 25% more than 1/2 of 32 thereby it should be 32 1/2 plus 25%. Mr. Waibel noted the ordinance proposes deleting the requirement for landlords to provide cans for tenants. He questioned now who is required to make sure there is a receptacle so that mandatory pick up can be done? Mr. McNamara stated he believed the requirement is for every person who creates waste to provide their own can, not necessarily the owners of the dwelling or apartment. The reason the burden was placed on the occupier was a question of "proof", in terms of who was responsible for the accumulation. There is a provision in Chapter 6.04 that talks about the duty to provide garbage cans of suitable construction to provide for disposal of solid waste. Mr. Collins stated he has received a number of telephone calls from people who are presently walking down the street with large sacks and carts collecting all of the salvageable aluminum out of the recycling bins. He questioned who is the person responsible for taking care of this if someone is identified as taking recyclables out of the bins? Mr. McNamara explained any violation would have to be reported to a law enforcement officer, who would cite it as a civil infraction under Section 6.04.160. Mr. Collins doubted City Police Officers would give such an offense priority attention. Mr. McNamara stated it is important to make such TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 17 of 30 an act a prohibition and once it is prohibited he felt a lot of the public would not do it knowing it is illegal. As far as a matter of law enforcement, it will be difficult to have an officer "on the spot" when the infraction is committed. If sufficient proof can be submitted to the City Attorney's Office they then have the ability to cite an infraction originating from their office. Mr. Collins stated if that language is to be included, which he felt was of value, there needed to be a process by which citizens could report such action to someone other than the Police. He questioned what could a citizen do in that scenario... complain to the Attorney's office? Mr. McNamara stated citizens could contact the Attorney's office and as a practical matter they will need to be satisfied that they can prove by preponderance of the evidence that an infraction has occurred. It is a difficult problem unless the offending person can be identified. Mr. Collins felt it might as well be removed from the ordinance because it would not get taken care through enforcement. Mr. McNamara stated he would take that into consideration as sentiment of Council, however, hebelieved there was value in prohibiting such conduct. If people understand that such action is illegal, he felt they would not continue to do it. If the wording is removed, then there is nothing to stop people from picking through the recyclable bins and taking out those items that are redeemable for money. Mrs. Horton stated she supported leaving in the language prohibiting people from picking out items from the recyclable bins even though the City probably does not have enough Police Officers to patrol the alleyways. It does give a tool to the Attorney's Office to pursue someone who is prone to that kind of activity. Mr. Johnson stated there is another party with a vested interest in the pop cans - the hauler. If all of a sudden there is a major drop in numbers of pop cans, the hauler will most likely look into what or who may be the cause. Mrs. Horton questioned if Brem - Air had reviewed the proposed ordinance? Mr. McNamara stated Brem - Air did review the proposed draft as well as earlier drafts. Mr. Johnson noted Brem - Air provided several comments that were incorporated in the ordinance. Mrs. Horton stated typically there is a section that refers to Brem - Air's requirement to replace lids on garbage can following dumping. She believes that putting the lid back on does not mean just plopping it on, but rather clamping it like the resident is required to do. She suggested the wording "securely replaced" rather than just "replaced". Mr. McNamara stated the word "securely" could be inserted. Mr. Overson stated he decided one standard was needed for the TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 18 of 30 cans, either a standard of 65 lbs. for a 32 gallon can or the other for the 20. He suggested using 40,625 lbs. for the mini can as opposed to 32 1/2 lbs. That way when weight base standard is used the cans will have an equal standard. As he recalled, that figure was within the OSHS standard for manual work. Mrs. Horton recommended using 40 lbs. for the mini'can. Mr. Overson agreed to identifying the mini can at 40 lbs. Mr. Johnson stated there is an escalating scale on convictions he questioned when does the clock quit running for additional convictions? Mr. McNamara stated for an infraction it is two years. Mr. Johnson questioned if someone had a dead animal or pet, should they call Animal Control and pay them a disposal fee? He could not remember Council establishing Animal Control disposal fees in their fee schedule. Mr. McNamara stated he was told by Animal Control that they do dispose of dead pets and animals and a fee is charged for that service. Mr. Colvin questioned if a dead animal is laying out in the street and Animal Control is called, will the caller be charged for disposing of the animal? Mr. McNamara stated he did not know, but felt it would be up to Animal Control's internal policies. Mr. Colvin stated he did not feel it was fair to charge someone for just calling regarding a dead animal. Mr. McNamara stated the idea behind the language used in the ordinance was to eliminate dead animals from the waste stream. Ellzabeth Buell, High Avenue, questioned what about placing dead rats and mice in the garbage? Mr. McNamara stated it is not just dead pets, but any kind of dead animal. Mr. Collins questioned what should people do with. dead animals? Mr. McNamara restated Animal Control should be contacted or people could choose to bury dead animals in their yards. Mrs. Buell questioned what about someone placing a box of garbage on someone else's can? Mr. McNamara stated such action was known to be happening and there was nothing in the ordinance that prohibited such activity. That provision was added under Section 6.05.050 (d), making it unlawful to dispose of refuse or garbage by placing such garbage or refuse in or on a garbage collection container which another person owns or pays for the use. He noted there is an enforcement problem in that there must be some way to prove ownership through names on letters, etc., but the City did want to make it illegal conduct so it could be enforced once brought to the City's attention. Mr. Buell questioned how does one dispose of unwanted garbage cans? President Fitz suggested placing a sign on such a can asking that Brem - Air dispose of it. #0711 TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 19 of 30 M/S/C/U(Horton/Colvin) to approve Ordinance on first reading, revising BMC Chapter 6.04 pertaining to collection and disposal of garbage and refuse in the City of Bremerton; including changing the weight of a mini can to 40 lbs. and insertion of the word "securely" on under Section 6.04.040(b) (fifth line) as it relates to garbage handlers replacing the garbage cans "securely" after emptying them. (NOTE: COUNCIL DISCUSSED AGENDA ITEMS. 7E, 7F AND 7G AS A GROUP. Commentary on all three items begins after the Summary Statement on Item 7E - ORDINANCE (FIRST READING) PROVIDING FOR THE ELECTION OF A MAYOR/COUNCIL PRESIDENT AND OTHER COUNCIL PERSONS, #AB93-151 There is currently a proposal by some citizens to reclassify and reorganize City government to a Council - Manager plan of government through a ballot measure. The proposed ordinance provides for the election of a Mayor/Council President by the electorate at large. The election of the remaining Council members will be by district. The ordinance contains a proviso that it will be effective only upon successful passage of the ballot measure. RCW 35A.90.010 states that upon becoming a code city, all ordinances lawfully in force at the time of becoming a code city and not inconsistent with Title 35A, shall continue in force. Passage of the ordinance will provide for smoother transition if there is a change in government. 7F - ORDINANCE (FIRST READING) FOR THE ADOPTION OF INITIATIVE AND REFERENDUM POWERS, #AB93-152 There is currently a proposal by some citizens to reclassify and reorganize City government to a Council - Manager plan of government through a ballot measure. The proposed ordinance provides for powers of initiative and referendum pursuant to RCW 35A.11.080, .090, and 100. The proposed ordinance contains a proviso that it will be effective only upon successful passage of the ballot measure. RCW 35A.90.010 provides that upon becoming a code city, all ordinances lawfully in effect at the time of becoming a code city and not inconsistent with Title 35A, shall continue in force. Passage of the ordinance will provide for smoother transition if there is a change in government. 7G - ORDINANCE (FIRST READING) FOR THE ADOPTION OF CHARTER PROVISIONS REGARDING CIVIL SERVICE, #AB93-153 There is currently a proposal by some citizens to reclassify and reorganize City government to a Council - Manager plan of government through a ballot measure. The proposed ordinance adopts, by reference, the currently existing Bremerton City TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 20 of 30 Charter, Article IX, Sections 34 - 39. The proposed ordinance contains a proviso that it will be effective only upon successful passage of the ballot measure. RCW 35A.90,010 states that upon becoming a code city, all ordinances lawfully' in force at the time of becoming a code city and not inconsistent with Title 35A, shall continue in force. Passage of the ordinance will provide for smoother transition if there is a change in government. COMMENTARY: Ian Sievers, City Attorney, reported following the July 21 Council meeting he did meet with Larry Stone. As stated in the Agenda Bill, ordinances and rules and so on carry forward that aren't inconsistent or repugnant to Chapter 35A, assuming the electorate were to adopt 35A as a model code for a Code city. He believes the first item, 7E, would be repugnant to that model code for two reasons: (1) in a Code city the choice to have the Mayor elected rather than selected by the Council has to go on the ballot. So, the Council cannot do that by ordinance; (2) an election of the Mayor is only available for Code cities where all of the Council members are elected at - large. In the proposed ordinance Council members are elected by districts. So, this item would be repugnant and not valid even if it was passed by Council as a ballot measure. The issue of Initiative Referendum powers is a little more difficult...that can be adopted by a legislative body of the City by using a certain procedure outlined in the RCW 35A. The procedure is not an ordinance and this Council is not a Code city Council. Procedures called for in the Code are petition that can be filed and would become law after 90 days, if no referendum is filed. It can also be by Council resolution... in other words Initiative and Referendum powers adopted by the Code City Council itself, but there again there is a 90 day referendum waiting period after the Council passes a resolution adopting Initiative and Referendum powers. He believes that at a minimum, this issue would have to go to the ballot. Certainly it would be valid if placed on the ballot right away rather than going through the resolution where a 10% referendum could be filed, which would end up with a ballot. He thought that would be the minimum Council needed to do. He did not think just passing the proposed ordinance (Item 7F) would take effect. He also did not think it would be as realistic as what is intended in State law, because it is based on a contingency that the voters will approve changing the form of government to a Code city in November. It is not real nor immediate...Bremerton is not a Code city at the present time so the electorate knows they had better pass a TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 21 of 30 10% petition for a referendum. He did not think the impetus for getting a referendum together based on this ordinance is present or as serious as State law intends. At a minimum, Council could pass a proposition, by resolution, putting the question on the ballot in November. There again, there will be a compound question similar to the last effort for reorganization - "do you want to change to a Code city" and then regardless how you vote on that question "should the new Code city have Referendum - Initiative powers"? That gets to be a complex and confusing process. This ordinance, as it stands, does not have any validity even if the Code city proposition were to pass in November simply because that is not the process that is set forth for adopting these kinds of powers. In 35A there are some significant differences in the procedure for getting those powers and therefore he believes it is repugnant to the model code. On the issue of Civil Service, he saw no problem if Council wished to act upon the ordinance. RCW 35A addresses Civil Service in two places: (1) Code Cities at least have to provide Civil Service System that substantially complies with State law.(That is nothing new to any city in the State of Washington - it is known that Civil Service must be provided for Police and. Fire); (2) Code cities can carry forward any Civil Service system they have or may adopt any Civil Service System. This could be done now or Council could pass an ordinance that duplicates the City Charter provision or it can be done after a Code city reorganization was implemented through the ballot. If Council chooses to pass an ordinance now, it simply duplicates the City's Charter provisions. If at some point the City Charter went away in the future, the implemented ordinance would take affect and would be valid if a Code city form of government was adopted in November He emphasized the first agenda item, 7E, has a problem and he knew of no way to make it consistent with a Code city classification. He did not think it could be placed on the ballot... you have to either choose to have Council members elected at large and then you have the option, but if they are to be elected by district, the RCW does not allow for election at-large of the Mayor, but rather election from among the Council members. At a minimum, (Initiative and Referendum Powers) Item 7F should be placed as an additional proposition on the ballot. He believes passing an ordinance by Council on this issue would not be valid. Finally, the Civil Service System Ordinance could be acted upon now or later and it would be effective, if it was needed. President Fitz questioned what was Mr. Sievers' recommendation? Mr. Sieves stated he did not think Council should proceed with the form of the TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 22 of 30 first two items, 7E and 7F, but they could proceed with item 7G - Civil Service issue. President Fitz stated for clarification that it need not be done at this time. Mr. Sievers explained if Civil Service provisions are lost with removal of the Charter, they can be readopted by an ordinance in exactly the same format with a more comprehensive Civil Service covering non - uniform. This can be done after the reorganization to a Code City format because it certainly provides substantial compliance with the uniformed system and simply expands on that system. Mr. Johnson questioned why wouldn't it be possible to pass a redundant ordinance on the Initiative and Referendum Powers similar to what would be done for Civil Service? Mr. Sievers stressed again it is a little more subtle and has to do with whether the referendum adoption procedures that are called out and that are mandatory. First of all, he was not sure if it matches identically the City's referendum waiting period, etc., but it has to be 90 days after passage and publication of a resolution adopting Referendum and Initiative procedures. He felt the urgency or seriousness of people going out and actually acting under that referendum power would be less if the ordinance were passed now because it is based on a contingency that something happen this fall. Currently, there are Initiative and Referendum procedures under the City Charter. Citizens may feel less urgency..."we don't need it now...nothing has changed". He believes the process that is set forth is definitely inconsistent and repugnant with State statute. He believes the letter from Pat Mason of Municipal Research, 'was misleading in its discussion of "consistent" ordinances and carried it forward into other areas. However, when discussing that point with Mr. Mason, he did agree that those ordinances in two areas would be repugnant to State statute. Mr. Waibel stated he swore an oath eight years ago to uphold the City Charter and he could not, in good faith, enact an ordinance that violates the Charter. He believed approving items 7E and 7F would actually violate provisions of the current City Charter even though they would not go into effect until a Code City form of government was implemented. Mr. Sievers stated if approved, the ordinances would only go into affect if the current City government was removed. If items 7E and 7F were approved, they would be filling in the inconsistencies and voids that may occur with adopting a model code. Because there are some differences between current City government and a Code city form, the intent of the proposed ordinance would be to clarify these prior to November. Mr. Waibel stressed the language states "lawfully enforce at the TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 23 of 30 time of becoming...". So, ordinances approved for the City of Bremerton as a Charter City have to be lawfully enforced. Mr. Collins questioned if the election is on November 2, does the City of Bremerton become a Code City on November 37 Mr. Sievers stated he did not believe so due to the need for elections to be held within 120 days, and if the proposed ordinances are to be consistent with that they should be written so they are not in affect until that form of government takes effect. Mr. Colvin questioned if Mr. Sievers knew that as a fact? Mr. Sievers stated there must be a special election to fill the positions named as part of the reorganization, and reorganization of government cannot happen without having those positions filled. He cited the following from RCW 35A..02.040: [form of government] shall not be effective until the election, qualification, assumption of office under RCW 35A.02.050; and that again calls for an election after the adoption of the new organization. That election is to be held more than 90 days but not more than 180 days after certification. Mr. Collins pointed out Council could pass the proposed ordinances some time up to 180 days following certification of an election establishing the Code City form of government. Mr. Waibel emphasized that would be the appropriate time to act on the subject ordinances, not at this time. President Fitz questioned if during that period of time, would the City still be under the City Charter until the election for positions is held? Mr. Sievers stated President Fitz was correct. President Fitz questioned if Council would be able to pass things even though the City would be under the Charter? Mr. Sievers stated he believed Council could pass l the proposed ordinances making them effective on the date reorganization took affect. Mrs. Horton questioned what happens if most of the voters vote to go to 35A and we, the Council, decide we want to tinker with these ordinances and change in substance based on what we think it ought to be rather than what the people felt it should have been? Mr. Sievers stressed again, that was the reason why he found the proposed ordinances to be repugnant at this point. To adopt a couple of these features you must allow a vote of the people and you can't adopt an ordinance then either. If you decide to have districts or wards you can't select to have an elected Mayor. On the Initiative/Referendum issue, Council could pass an resolution then and people would know there would be an automatic implementation of that power and then the referendum has meaning and you would be following the procedure. Council could go with the procedure on the Initiative Referendum powers after the election. Mr. Colvin questioned if the election of the Mayor at large, as proposed by this ordinance, would be possible? Mr. Sievers stated no, he did not believe TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 24 of 30 it would be a valid ordinance and would not have any affect. Mr. Waibel stated the real sequence for this would be: election should be taking place to change the City's current Charter to the way we want it to be under the Code city and should be done by the people. Once that is accomplished, Council would need to enact any ordinances or changes required under the new Charter, then you go to Code. The intent was that Council would not play games with what we want as part of the new Code city. He did not believe Council could impose on the new Code City what they think it should be...it must be done by the people. Larry Stone, Chairman of VOTE ( a citizens Committee), stated his group is sponsoring two initiative petitions. The first petition is designed to put on the ballot the issue of going to a non - charter Code city and selecting a City Manager/Council form of government. The second petition deals with the three disputed ordinances (items 7E, 7F and 7G) and their concern arises from the fact that there are substantial questions as to timing. He emphasized there is a State statues that states ordinances that are lawfully in affect will prevail until repealed even though you go from Title 35 to Title 35A. The City Attorney made a substantial point on the Initiative Referendum item because the State statute states the electors or the legislative Council of a Code City can select an Initiative Referendum so then the question arises at what point in time does a governmental entity become a Code city. The two chapters cited are somewhat confusing and the one will reference and the one we will come under is 35A.020.050, which simply says the election will take place sometime between 90 and 180 days following the certification of the ballot. He was confused in his own mind because in one section it states certification of a reclassification (changing the name of City from a Class I to a non - charter Code) if it accompanies a reorganization, which is a change in form of government from Mayor/Council to a Council/Manager role. If the first is accompanied by the second, it will not be certified until the officers are seated". But, under .050 it states elections shall not take place until 90 - 180 days after certification. His concern is that his group is out soliciting signatures on two petitions and they have nodoubt they will gather enough signatures to place the first petition on the ballot - change the form of government and go to a non - charter Code. The law simply states in the event that takes place in the absence of any instruction to the contrary there will be election of seven elected officials who themselves will then select a Mayor. VOTE's sense of what the people of Bremerton want is a Mayor elected at - large and district Councils and they are trying to reflect that to some degree. TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 25 of 30 He was not totally sure whether this is the right approach or whether a resolution should be passed to elect the Council, or that a resolution be passed to elect new officers after the other vote. He emphasized the proposed ordinances could be redundant, but he saw no problem with them being redundant. He conceded there is a question on the Initiative Referendum issue and suggested passing a resolution to election. He felt that could be accomplished, but he was not sure. He stress VOTE is proceeding with gathering signatures on their petitions due to the short window of opportunity. It was Council's decision to bring the issue of a change in government before the people and he felt passing the proposed ordinance would place the decision before the people in a more meaningful form. He stressed VOTE did not want to damage the position of the City relative to Civil Service and the rights of the citizens to have Initiative Referendum right. Mrs. Horton questioned for clarification - Mr. Sievers made the statement that he did not even think VOTE's second petition was a valid petition? Mr. Sievers stated he had not viewed the petitions and could not comment on the language until he had an opportunity to review them. If it called for a Code city but also called for an elected Mayor and other Council members elected by wards, that would seem to be an inconsistency and not allowed under a Code city. Mrs. Horton questioned if Mr. Stone's attorney was conveying the same message on that point? Mr. Stone stated not exactly, what he has found in his brief study of the law is that it is replete with inconsistency. He referenced a 1991 ballot title that covered a Commissioner form of government, which is prohibited by State Law for any city over 30,000. It is difficult for him to arise to the challenge of a possible inconsistency in this particular move. He believes his legal counsel is reasonably knowledgeable, however, he too could be wrong. It is because of those unanswered questions that members of VOTE feel strongly committed to the program they supported when they were under the Ad Hoc Committee. Because Council did not follow the AD Hoc Committee's recommendation, members of VOTE feel they must move now in another direction. Mr. Colvin stated he appreciated Mr. Stone's zeal and he totally supported the Ad Hoc Committee's first proposal. Cecil McConnell, Almira Drive, stated in reference to Mr. Sievers' comment as far as changing to a non - charter Code City and naming a plan of government at the same time, under 35A.030: "if the legislative body so determines such resolution may also contain a declaration of intention to reorganize the municipal government under one of the plans of TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 26 of 30 government authorized in this title naming such plan". He was not sure if Mr. Sievers was referring to that particular section. Mr. Sievers stated as a possible means of getting around the elected Mayor issue, he did mention that phase to Pat Mason of Municipal Research Center. At that time, Mr. Mason stated: "no, you're actually changing from a Mayor/Council .formto a Council/Manager form of government and not keeping the old form of government". Mr. McConnell stated the subject ordinances came as a result of Municipal Research's assistance and directing VOTE that they needed to be done in order to have them go into affect at the same time a change is made to a non - charter Code city. He emphasized there are several ways for a city to change to a non - charter Code form of government. Chapter 35A.01 - Interpretation Of Terms - there is some confusion as to who can and cannot go to a non - charter Code. Chapter 35A.010.20 - A non - charter Code city is one, regardless of population, which has initially incorporated as a non - charter Code city, subject to provisions of this title, or is an incorporated municipality which has elected under the procedure described in this title, to be classified as a non - charter Code city and to be governed according to the provisions of the title on one of the optional forms of government provided for a non - charter Code city. Mr. McConnell emphasized the suggested procedure is not an illegal procedure as some would indicate. The only times freeholders are needed is when a new Charter is needed for a city changing to a Charter Code city. But, if a change is made to a Charter Code city that would include keeping a current Charter, then freeholders are not needed. A Charter City, under Title 35, can by a Council approved Resolution or an election by the people go to a Charter Code city. By the same token, they can go from a Charter under Title 35 to a non - charter Code city and operate under State law, either by resolution or by petition method and election by the people. He urged Council to support placement of the change in form of government on the ballot for a vote of the people. President Fitz asked Mr. Sievers to explain the process if Council should approve a resolution deciding to change the form of government. Mr. Sievers stated Mr. McConnell pointed out Council does have the power to change the City's classification as well as organization under Chapter 35.020.030 - a resolution method. This action would take a majority of the City Council to pass a resolution, which is subject to a 90 day referendum process, then 10 days following passage the legislative body will cause it to be published in the local newspaper and upon expiration of the 90th day from publication and if no timely and sufficient referendum has been filed pursuant to another section, the intent expressed TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 27 of 30 in the resolution shall then be acted upon through an ordinance at the next meeting of the City Council adopting the classification of a non - charter Code city. And, if the resolution included a declaration of intent to reorganize, the legislative body shall provide at that time such reorganization by ordinance. He noted a referendum would place that whole resolution on the ballot if it were filed within 90 days. Phil 0lwell, N. Wycoff, stated he is not an attorney nor was he involved with the Ad Hoc Advisory Committee's findings, but he believed Council had the opportunity to do some sort of resolution that would enable the City to place on the ballot an agenda to change the form of government. He viewed the Council meeting where the Ad Hoc Committee presented their recommendation. His feeling was that the whole issue got "muddied" following the Ad Hoc Committee's presentation to Council. He pointed out as a voter we are turning the ballot into another questionnaire like the one on the back of the water bills. If there is enough sentiment out in the public to gain the necessary signatures on the petition, then why ask the question of the voters what they want to do. Give the voters the ability to read up and research what is being proposed. He urged council to give the voters the opportunity to decide once and for all which form of government they want. He did not support placing an advisory measure on the ballot. It was evident to him, as he watched Council's proceedings, that there are divided opinions amongst Council members on this issue. He emphatically emphasized do not cloud the issue, but give the citizens an opportunity to say "yes" or "no" and then go forward from that point. Let the people decide...it should be their choice. Mr. Stone stated Mr. 0lwell pointed out Council could, by resolution to election, negate the necessity of VOTE obtaining signature on the petitions and spending several thousand dollars, He believed there is an issue out there that Council needs to find out how people feel about it. Mr. Johnson stated he understands that Municipal Research actually authored the proposed ordinances and recommended that Council approve them. He also understands Municipal Research Legal Services sought legal counsel as well and was given the message that it would not be appropriate to pass such legislation. Mr. Sievers stated Pat Mason's original letter was ambiguous and when he reread it Mr. Mason was focusing on that non - consistent ordinance issue relating to Civil Service and a couple of other things. Procedurally, the two proposed ordinances did look repugnant to the code. When Mr. Mason TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 28 of 30 rereviewed the issue he stated in his opinion they would be inconsistent. Mr. Johnson stated his initial thought when he saw the agenda items was that the citizens are going to tell Council if they want a City Manager form of government. He believed that was the real question. He felt there was an opportunity for a "straight up" vote. He also believed it was clear from the discussion during this meeting, given the fact citizens want that, there are a number of options and decisions that have to be made. His thought was that before we go through all that effort and find out whether or not there will be a City Manager, given that there is a whole other set of decisions that have to be made. Then, after he thought about it some more, he learned first hand that the people soliciting signature on the petitions could not answer lots of questions relating to basic issues. If an issue like Civil Service is left out, he questioned would Council then approve it later on? He did not think that any of the three ordinances would work, however, the City Attorney has advised that the ordinance on Civil Service could be passed and he had no problem with that. He believed the days for a Civil Service commission the size of the City's have changed in ways that make it redundant. He noted Civil Service had done a lot of good in the past, but there are larger cities than Bremerton that are operating without them. He questioned if there was some way Council could give some indication to the voter, if it passes, what they would end up with? Mr. Sievers stated again, he saw that as a good purpose for a resolution by Council if they wanted to give some assurances that they intend to place the other item on the ballot if another form of government were adopted or intend to adopt a resolution subject to referendum on the Initiative Referendum procedure. Such action would not be binding but rather a policy statement. Mr. Waibel stated Council can give very clear indications what would happen if they vote for a Charter city tomorrow - that would mean all ordinances currently in effect, under the current Charter, would continue to be in affect. And, they could only be changed in accordance with the Code city requirements. The nice thing about a Charter city is the fact there is more flexibility to do what is wanted for Bremerton. The time to make changes to be in force under a Charter or non - charter Code is before you make the decision to go there. Get the laws in place that you want enforced underneath that Code and then go to the Code. Mr. Overson stated he disagreed with Mr. Waibel over the point that having a Charter gave the City an advantage. He believed the flexibility currently being used by the City is to not follow the Charter. Mr. Waibel pointed out the City's ordinances are not consistent with the current Charter. He believed a revised Charter should be adopted first or turned down first TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 29 of 30 and once it is then all ordinances would be put into affect. Mrs. Horton questioned what will it take to put what the VOTE group proposes on the ballot so that the people know what they are voting on and the intent (non - Charter Code, City Manager, Council by Districts, Mayor elected at - large, retention of Civil Service and retention of the Initiative Referendum powers)? Mr. Sievers stated a resolution could be passed by the City Council adopting all of those things. Actually, such a proposal would not even have to go on a ballot to be changed. A ballot title could be constructed that would state going to a. non - charter Code city under Title 35A, with Initiative Referendum powers. He would have to speak with Mr. Stone's attorneys for straight forward language about "only in those cities where all Council members were at large" being placed on the ballot and the question of electing the Mayor. If that is included in the petition and something they want, he felt Council would not be able to do that. Council will have to either have all Council members positions at large and to have # 1 position be the Mayor and President of Council. Mr. Waibel pointed out that was a good example of what can be done and is being done under a Charter city. We have a Mayor elected at - large and Council members elected by District. That cannot be done under a Code city unless that is the way it was and it is brought forward. Mr. Sievers stated again under the Code, there is a section telling how to appoint Council members and you can adopt districts or wards, but the only problem is that the proviso only allows election of a Mayor at large if you opted for at - large election for all Council members. Mrs. Horton stated even though Municipal Research gave the Committee an indication that they could do what they set out to do, it sounds like whoever made the best argument last comes up with the final ruling. Mr. Sievers stated no, the specific example they mentioned in adopting ordinances ahead of time was the City of Hoquium where they had 12 Council members and they kept 12. There again, that may be a form of government that they had already. No one has challenged that process, but that again would be a form of government. But, in this instance where you are opting for a Manager form of government, not what is currently in place, rules must be followed on how you elect that Mayor/Council President. Mrs. Horton requested Mr. Stone to respond to the statement made by the City Attorney that if Council adopts 35A we cannot elect a Mayor at - large and Council members being elected within districts. Mr. Stone stated he agreed there is a substantial question about district elections under the Council/Manager form of government. Mrs. Horton stated based on that discussion, did he still want to proceed in some fashion to get there? Mr. Stone stated he and his group are #2633 TAPE #1126 City Council Reg. Mtg. Minutes July 28, 1993 Page 30 of 30 making a valiant attempt, but he was not sure their goal could be attained. He was not sure what form of government the City of Hoquiam went to but the law states seven Council members and they have 12; and the law stated Council members can be expanded to 11 and Hoquiam has 12. So, we have some examples where individualism has come into the picture. He did not agree with Mr. Waibel that once you get under 35A that you are "locked in"...there are cities that have districts as well as at - large elections under a Code city. M/S/C(Horton/Dawkins) to table this issue for one week, to put something minimal in the packet and then the City Attorney and Mr. Stone' attorney meet and figure out the best way to proceed. Vote on motion: In Favor: Overson, Horton, Dawkins, Johnson, Fitz Opposed: Neville, Waibel, Collins, Colvin Motion carried. With no further business meeting adjourned at 8:45 P.M. KATHLEEN L. McCLUSKEY, City Clerk EILEEN FITZ, Council President City of Bremerton KLM/EF/me cc: Normal Distribution File/Vault #'1766